Daily stories of Pennsylvania : $b prepared for publication in the leading daily newspapers of the state...Godcharles, Frederic Antes
History
Daily stories of Pennsylvania : $b prepared for publication in the leading daily newspapers of the state...
Godcharles, Frederic Antes
Pennsylvania -- Biography; Pennsylvania -- History
The “preface” or preamble to this Constitution is curious, for it is
written as if Penn felt that the eyes of the court were upon him. The
first two paragraphs form a simple excursus upon the doctrine of the law
and the transgressor as expounded in St. Paul’s Epistle to the Romans:
“For we know that the law is spiritual; but I am carnal, sold under the
sin,” etc. From this Penn derives “the divine right of government,” the
object of government being two-fold, to terrify evildoers and to cherish
those who do well “which gives government a life beyond corruption (i.
e., divine right), and makes it as durable in the world as good men
should be.” Hence Penn thought that government seemed like a part of
religion itself, a thing sacred in its institution and end.
“They weakly err,” continues Penn, “that think there is no other use of
government than correction; which is the coarsest part of it. * * * Men
side with their passions against their reason, and their sinister
interests have so strong a bias upon their minds that they lean to them
against the good of the things they know.”
The form, he concludes, does not matter much after all, “Any government
is free to the people under it (whatever be the frame) where the laws
rule and the people are a party to these laws.” Good men are to be
preferred even above good laws. The frame of laws now published, Penn
adds, “has been carefully contrived to secure the people from abuse of
power.”
In the Constitution which follows the preamble, Penn begins by
confirming to the freemen of the province all the liberties, franchises
and properties secured to them by the patent of King Charles II.
After stating how the government was to be organized, he directed that
the council of seventy-two members, was to be elected at once, one-third
of the members to go out, and their successors elected each year, and
after the first seven years those going out each year shall not be
returned within a year. Two-thirds of the members constituted a quorum
on all important matters, but twenty-four would suffice on minor
questions.
The Governor was to preside and to have three votes. All bills should be
prepared and proposed by the Council for presentation to the General
Assembly, which body, on the ninth day should pass or defeat such
measures as presented.
To be sure the Provincial Council also was an elective body, but the
difference was in the fact that it was meant to consist of the
Governor’s friends; it was an aristocratic body, and therefore not
entirely representative.
Aside from this fatal defect there is much to praise in Penn’s
Constitution and something to wonder at, as being so far in advance of
his age.
Besides carefully defining and limiting the executive functions of the
Governor and Council a wholesome and liberal provision was made for
education, public schools, inventions and useful scientific discoveries.
Public-domain text, read in full here on John Shaqi.
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